How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, remains in her body following gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

It is vital for our clients to establish a direct causal connection between the breach of duty and the harm which is referred to as proximate cause.

Cause of Injury

A medical malpractice lawsuit can be filed by the injured person or a person legally designated to act on their behalf. Depending on the circumstances, it could be the spouse of the patient or an adult child, parent, a guardian ad-litem or executor or administrator of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to be able to testify that the doctor was acting in accordance with the standards of medical care within their special area of expertise. They must also testify to the damage caused by the actions or inactions of the doctor.

Injuries caused by negligence and mistakes can be devastating. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice case that include a duty owed to the patient by the physician or a breach of the duty; an injury caused by the breach and the resulting damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded for the malpractice claim.

Causation

The injury element, also known as causation, is one the most crucial elements in medical malpractice cases. To establish causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a challenging task due to several reasons.

For instance, many injuries that are the basis of a Arnold medical malpractice law firm; vimeo.com, malpractice lawsuit stem from long-term, or ongoing illnesses that were present prior to the time of treatment. Often the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and the injuries may develop slowly.

In these situations it is often difficult to prove that one particular medical professional's breach of the standard of care caused the injury. However, the patient who is afflicted could be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a component of the legal process for getting ready for trial, your lawyer could seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the case will be required to take a deposition. This is a statement which is under the oath. Your lawyer may cross-examine the doctor and contest the doctor's findings. The jury will then decide if the plaintiff has proven the necessary elements of their case, including duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice in court, that it is likely that the physician violated his or her duties as forest city medical malpractice attorney professional and that these mistakes led to injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also a part of this procedure.

A doctor has violated their professional obligation in the event that they did something a reasonable prudent physician would not have done in the same circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. For example, a patient goes to the hospital for a procedure to treat a hernia and is then able to have his or the gall bladder removed instead. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state to state. The injured patient has to show that the inadequate treatment resulted in injury, and after that they have to prove the amount of compensation they are entitled to.

Damages

If medical negligence has caused you to sustain an injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties are involved in discovery. This is a process in which documents and declarations are presented under the oath. During discovery medical records and notes from a doctor will typically be sought.

In most states, you have to establish four elements to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of the obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all these elements in a medical malpractice claim, you'll have a strong case.

In certain instances the court might give punitive damages which is intended to punish the perpetrator and deter others from engaging in similar acts. However, this is rare in medical malpractice cases because the courts require specific proof of malice to award these awe-inspiring awards.